April 14, 2007

April 13, 2007

"There are a series of benefits that result to Conrad Black’s defence from the explosive testimony of Sukonick. The first is that he is clearly not a partisan or advocate for the defence and therefore his important concession will ring truer for the jury. Secondly, it severely undermines the upcoming testimony of the prosecution’s central witness, David Radler, who is anticipated to tell the jury that he and Conrad Black hatched a bogus scheme to pay themselves bonuses cloaked as non-compete payments. Thirdly, it provides the beginning of a safety net for Conrad Black in the event he chooses not to testify. It leaves the door ajar for Greenspan and Genson to argue to the jury at the end of the case that there was simply no case for their client to answer. And finally, it develops a credible claim that if the non-compete payments were not always spelled out in various corporate filings and reports, it was the result of Torys’ failure either to advise the company executives to disclose them or indeed urging them against it.

Putting it more succinctly, today was Tora, Tora, Tora for the prosecution."